Shrnutí: An inherited debt does not automatically mean that you will have to pay the deceased’s debts out of your own assets. You can renounce the inheritance within the specified time limit, or request an inventory of the estate and limit your liability for the debts to the value of the inheritance you receive. In this article, we explain how to get rid of inherited debt, when it’s worth renouncing an inheritance, and what rules apply in 2026.
Have you discovered that the inheritance includes debts? Before you accept or renounce the inheritance, it’s worth finding out which liabilities you may actually be responsible for. We will assess your situation and recommend whether it is more appropriate to renounce the inheritance, assert a reservation of inventory, or choose another course of action.
An inheritance is considered a right to the estate —that is, to the “total assets” of the decedent, which may include both assets and debts. It is only from the estate as a whole that individual heirs are granted shares—shares in the estate. The only items not included in the estate are, for example, rights and obligations so closely tied to the decedent’s person that they cannot be transferred to anyone else.
The problem, of course, is that because the estate is treated as a whole, it is possible that the debts will be as high as the value of the assets, or even exceed it. The decedent’s debts are then transferred to the heirs (although the law may provide for exceptions, these are extremely rare).
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Should such a situation arise, there are four ways to prevent the heir from inheriting an estate (or part of it) that is burdened by debts:
If someone wishes to renounce their right to inherit, they must do so while the person from whom they are inheriting is still alive. In such a case, the heir and the decedent must draw up a notarized agreement regarding the renunciation of the right to inherit, which excludes the person from the probate proceedings following the decedent’s death. The agreement may be revoked, but only in writing through an official document, and this must also be done while the testator is still alive. Renouncing the right to inherit also affects the descendants of the person who renounced their right, unless the agreement provides otherwise.
Tip: Saying goodbye to a loved one who has passed away is an emotionally difficult time. Unfortunately, the worries don’t end there, because probate proceedings must take place, during which the decedent’s estate is divided among the heirs. Read on to learn how to navigate the probate process with confidence.
This procedure is not often used, but it can be useful, for example, if the decedent bequeaths real estate to one of his or her descendants and wishes to divide the estate fairly among the rest of the family to avoid future disputes. The testator can enter into an agreement with the beneficiary descendant to renounce their inheritance, thereby excluding them from further inheritance.
Tip: Donating real estate is a major life decision. We’ll help you make it happen without any missteps. We’ll provide you with comprehensive contractual and legal services, including the deed of gift, registration in the land registry, and tax matters. We’ll handle it within 48 hours, flawlessly and professionally.
An heir may renounce an inheritance even after the decedent’s death. The renunciation must be made by an express declaration to the court, generally within one month from the date on which the court notified the heir of the right to renounce the inheritance and of the consequences of such renunciation. If the heir has sole residence abroad, the deadline is three months. The court may extend this deadline reasonably for important reasons.
An inheritance cannot be renounced in part—for example, by keeping an apartment and renouncing a loan. The inheritance must be renounced in its entirety. After a valid renunciation, the person is treated as if they had never acquired the inheritance.
Tip: Have you inherited a property and are wondering about inheritance tax? Inheritance tax has been abolished. Nevertheless, it’s still a good idea to keep certain financial and tax aspects related to inheritance in mind.
A mandatory heir may also renounce the inheritance while retaining the right to a compulsory share. Mandatory heirs are the decedent’s children or, where applicable, their descendants. The amount of the statutory share varies by age: a minor is entitled to at least three-quarters of their statutory share, while an adult is entitled to at least one-quarter. This option must therefore be distinguished from the ordinary renunciation of the entire inheritance.
Another way for an heir to relinquish their inheritance share or a portion thereof is to renounce this right in favor of another heir. This process typically takes place during court proceedings and requires the consent of the heir to whom the inheritance is being transferred. The waiver may apply to either the entire inheritance or a specific portion of it.
The final option is the transfer of an inheritance, which is carried out as a mutual agreement between the heir and the person receiving the inheritance through a notarized document. This method has characteristics similar to renouncing an inheritance, but differs in that the other party to the contract may be any person, not just an heir designated by a will or by law.
Tip: Can a cooperative apartment be inherited, and how does the transfer work? You’ll find out in our next article.
If you do not want to renounce the inheritance but are concerned about hidden or excessive debts, a reservation of inventory may be crucial. Under the Civil Code, this reservation limits your liability for the decedent’s debts to the value of the assets you actually acquired from the inheritance.
In practical terms: if you inherit assets worth 500,000 CZK and it later turns out that the decedent owed 800,000 CZK, as long as the reservation of inventory remains in effect, creditors cannot demand an additional 300,000 CZK from your personal assets.
The right to an inventory must be exercised in a timely manner. As a rule, the heir has one month from the date the court notifies them of this right. Simply identifying and listing the assets should therefore not be confused with the legal act by which the heir actually exercises the right to an inventory reservation.
Our tip: If you are unsure how much debt the decedent actually had, it is not safe to rely solely on the information available to the family. The reservation of inventory can serve as an important safeguard against liabilities that only come to light later.
From our experience: With indebted estates, the biggest problem is often that the heirs are aware of only some of the deceased’s liabilities. For example, they may know about a mortgage, but consumer loans, guarantor obligations, or other claims may only come to light during the probate proceedings. Therefore, when in doubt, we recommend not focusing solely on the value of known assets but also considering a reservation of inventory in a timely manner.
Renouncing the inheritance is therefore the simplest and surest way. None of the methods mentioned above allows one to acquire only the assets through inheritance while avoiding the debts; consequently, by renouncing the inheritance, the heir forfeits the estate as a whole.
An heir may also request that an inventory of the estate be conducted—that is, to determine the value of the assets and account for the debts that form part of the estate; the court will then order the inventory.
At the same time, it is possible to request that the court publicly call on creditors to file their claims against the decedent —that is, to come forward stating that the decedent owed them money, and these debts will then be included in the estate. This helps limit situations where debts exceed the value of the estate’s assets—even if all assets were to be used solely to pay off debts, if this procedure is followed, only those creditors who file their claims within a certain time limit will be entitled to have their debts settled. Thus, it is possible for an heir to end up with “zero,” but not “in the red.” However, there are exceptions to this option, so it will not be 100% effective (e.g., if a creditor has a lien or other similar right to an asset that is part of the estate).
Tip: Probate proceedings follow specific rules that determine, for example, the size of the inheritance shares. However, in some cases, a share may be reduced by gifts that the heir received from the decedent during the decedent’s lifetime. This is known as “collation.” How is this principle applied, and when does it apply? You’ll find out in our article.
Children find themselves in situations involving inherited debts because, while they may be heirs, their legal guardians typically act on their behalf —that is, it may happen that a legal guardian does not renounce the inheritance, even though that might be appropriate in the case of an estate heavily burdened by debt, the court confirms the inheritance, and that’s when problems arise.
Still unsure about inheritance matters? Let us know, and we’ll advise you.
You are not automatically required to pay inherited debt out of your own pocket. If the estate is over-indebted, you can renounce the inheritance within the specified time limit. If you wish to keep the inherited property but do not know the exact extent of the debts, you can protect yourself by filing a reservation of inventory, which limits your liability for the debts to the value of the inherited estate. It is important to act in a timely manner—both renouncing an inheritance and the reservation of inventory have their own deadlines. Special rules apply to compulsory heirs and minor heirs.
The safest option is to renounce the entire inheritance in a timely manner. If you wish to keep the assets, you may consider making a claim for an inventory, which limits your liability for debts to the value of the inheritance you have acquired.
Without the protection of the right to an inventory, an heir’s liability for the decedent’s debts may be unlimited. When the right to an inventory is properly exercised, liability is limited to the value of the inherited estate.
No. You cannot partially renounce an inheritance. For example, you cannot keep the real estate and renounce the loan.
Generally, one month from the time the court notifies you of your right to renounce the inheritance and the consequences of doing so. If you have only one place of residence abroad, the period is three months.
It may be crucial whether you asserted the right to an inventory of the estate in a timely manner. This right may limit your liability even for debts you were unaware of at the time of inheritance.
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Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 15 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 15 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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